Section 390.140 Issuance of an Initial License for a New Facility

Section 390

Section 390.140  Issuance of

an Initial License for a New Facility

a)

Upon receipt and review of an application for a license and

inspection of the applicant facility, the Director

will

issue a

probationary license if

the Director finds

:

1)

That the individual applicant, or the corporation,

partnership or other entity if the applicant is not an individual, is a person

responsible and suitable to operate or to direct or participate in the

operation of a facility by virtue of financial capacity, appropriate business

or professional experience, a record of compliance with lawful orders of the

Department and lack of revocation of a license during the previous five years

and is not the owner of a facility designated pursuant to Section 3-304.2

of

the Act and Section 390.185

as a distressed facility;

2)

That the facility is under the supervision of an

administrator who is licensed, if required, under the Nursing Home

Administrators Licensing and Disciplinary Act

;

and

3)

That the facility is in substantial compliance with

the

Act

and this Part

.

(Section 3-109 of the Act)

b)         The Department will issue a probationary license for 120 days

from the date of issuance.

c)

Within 30 days prior to the termination of a probationary

license, the Department

will

fully and completely inspect the facility

and, if the facility meets the applicable requirements for licensure,

will

issue a license under Section 3-109

of the Act

, except that, during a

statewide public health emergency, as defined in the Illinois Emergency

Management Agency Act, the Department

will

inspect facilities within an

appropriate time frame to the extent feasible

.  (Section 3-116 of the Act)

If the facility is not in compliance and satisfactory progress toward

compliance is not being made, the Department will allow the probationary

license to expire

at, during a

statewide public health emergency, as defined in the Illinois Emergency

Management Agency Act, the Department

will

inspect facilities within an

appropriate time frame to the extent feasible

.  (Section 3-116 of the Act)

If the facility is not in compliance and satisfactory progress toward

compliance is not being made, the Department will allow the probationary

license to expire.

d)

If the Department finds that the facility does not meet the

requirements for licensure but has made substantial progress toward meeting

those requirements, the license may be renewed once for a period not to exceed

120 days from the expiration date of the initial probationary license.

(Section

3-116 of the Act)  The Department will not issue more than two consecutive

probationary licenses.

e)         The licensee shall qualify for issuance of a two-year license

if the licensee has met the criteria contained in Section 3-110(b) of the Act

for the last 24 consecutive months.